Suspension application moot after withdrawal of meal voucher award decision by Farys — costs charged to respondent
The Council of State rejected the suspension application by NV P. against the award by OV Farys of a framework agreement for electronic meal vouchers, after Farys withdrew the contested award decision of 25 September 2025 on 21 October 2025, rendering the application moot, with costs charged to the respondent.
What happened?
Farys awarded a framework agreement for electronic meal vouchers on 25 September 2025. NV P. filed a suspension application on 10 October 2025. Farys withdrew the decision on 21 October 2025 before the hearing. The application became moot. Costs (€200 court fee, €26 contribution, €770 procedural indemnity) were charged to Farys. This ruling is the counterpart of judgment no. 265.058 of the same date involving a different tenderer (NV E.) against Farys regarding lot 1 of the same framework agreement.
Why does this matter?
This ruling confirms that withdrawal of an award decision during pending suspension proceedings renders the application moot, with costs charged to the respondent. The fact that multiple tenderers challenged the same framework agreement suggests procedural issues.
The lesson
When the contracting authority withdraws the contested decision during pending proceedings, the application becomes moot but costs are charged to the respondent.
Ask yourself
Has the contested award decision been withdrawn? If so, your application becomes moot but you retain the right to procedural costs.
About this database
The Council of State (Raad van State / Conseil d'État) is Belgium's supreme administrative court. In disputes over public procurement — from contract awards to tenderer exclusions — the Council of State is the final arbiter. The rulings in this database are summarised by TenderWolf in plain language, with practical lessons for tenderers and contracting authorities. View all rulings →